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Copyright (c) 2008 Cornell University
Cornell Journal of Law and Public Policy

NOTE: THIRD AMENDMENT PROTECTIONS IN DOMESTIC DISASTERS

Summer, 2008

Mercer Law Review

17 Cornell J. L. & Pub. Pol'y 747

Author

James P. Rogers*

Excerpt



INTRODUCTION
 
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." 1

In 2005, the United States experienced one of the most devastating disasters in its history, and in reaction, both federal and state governments deployed large numbers of troops and military personnel within the United States. 2 Approximately fifty thousand National Guard personnel and countless relief workers occupied southeastern Louisiana and the Mississippi Gulf Coast in response to the humanitarian crisis caused by Hurricane Katrina. 3 This was "the largest domestic military deployment within the United States since the Civil War." 4 Troops, personnel, and equipment came from all fifty states, two U.S. territories, and the District of Columbia. 5

The situation in southeastern Louisiana and Mississippi after Hurricane Katrina was chaotic, dangerous, and anarchic, and the National Guard had to overcome logistical obstacles and implement heavy-handed measures to maintain order in some areas. Because of the diverse military presence and extensive damage to communication infrastructure, command structures occasionally broke down among the military. 6 Due to the lack of structurally sound military housing, 7 the National Guard sought shelter wherever possible, sleeping in schools, 8 convention centers, 9 hospitals, 10 hotels, 11 churches, 12 and tents along the side of the road. 13 Occasionally, Guardspersons seeking quarter were met with resistance. 14 To counter resistance, the National Guard's approach to maintaining order was ...
 
 
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